მოსამზადებელ სტადიაზე დაუსწრებელი გადაწყვეტილების გამოტანის გაუმართლებლობა

Abstract

The Judgment by default, by its nature, is one of the most interesting and important form of judgment. It is a sanction against a person, who does not comply with courts instructions and does not provide an adequate reason for noncompliance,for example, does not appear at the trial.The Judgment by default rule has been in existence since the Civil Procedure Code was created, but the grounds for its adoption have gradually expanded over time. In 2007 - 2011, the rule, which in some cases had allowed a default judgment at the preparatory stage of civil proceedings was entered into force.The purpose of this rule was to prevent the party from delaying the pretrial process. However, the Civil Procedural Code has already provided for a rule to prevent such delays.This rule made it possible for the bona fide party to be otherwise protected in return for a default judgment at the Preparatory Stage.In this article the unjustifiably of a Judgment by default on the preparatory stage is argued.